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58R-4951 .- RESOLUTION NO. 4951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MA- TERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANS- PORTATION INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: TBil IMPB.OVlllWm OF HAS'I'ilR SIfTA1il1i1T. ]'IiOM ntH.Nrl:\i1WOOn AVlIllmlll TO SIMMOIS AVEmlE. JOll NO. 207. WHEREAS, the City Council of the City of Anaheim did oause to be published in a newspaper of general ciroulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Gus.tte; . on the 18th and 2'5th days of S~phmb.r , 19~, a notice inviting sealed proposals for furnishing the following: All plant, labor. services. materials and equipment. and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner. in strict accordance with the specifications. plans and drawings therefor on file in the office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement. to wit: The Improvement of Raster Street. from Orangewood Avenue to Simmons Avenue. by excavation. construction of 4-inch plant-mix surfacing. including paint binder. construction of partial skin coat as indicated on the plans. construction of cross-gutter and appurtenant work, as indicated on the plans, Job 10. 207. ~...- in aocordance with the designs, plans, profiles and speoifioa- tions prepared by Geor.e:e E. HolYoke. City Endn8A1' and the notice inviting sealed proposals, which said notioe speoi- fied that sealed proposals as specified in said notice would be received up until 2:00 o'clock P.M. of the 2nd day of October , 19..5a.-, and which said notioe did state and deolare that, pursuant to the provisions of Seotion 1770 of the Labor Code, the City Council of the City of Anaheim had ascertained the prevailing rate of wages for eaoh type of labor needed to exe- cute said oontract and did set forth the prevailing hourly wage scale so ascertained; and WHEREAS, on October 2nd , 19--58.., at the hour of 2:00 o'clock P.M., the City Clerk and City Engineer of the -1- ..- - Oity of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work neoessary to oon- struct and complete, in a good and workmanlike manner, in striot accordanoe with the speoifioations, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next ad:lourned regular meeting; and WHEREAS. the City Council of the Oity of Anaheim did, at its next adjourned regular meeting, held on the 7th day of October , 19~, at the hour of 7:00 0' olook P.M., consider the sealed proposals submitted for furnishing the materi- als and performing the work hereinabove more particularly desoribed and set forth, and did thereupon find and determine that the sealed proposal submitted by GRIJ'lI!H OOMPAIY. 1060 soum BROADWAY. LOS llGll!T.1!S 11). OALIlOlUlIJ. for the construction. installation and completion of said iDm1'onment of hater Street. from Or..n....ewood Avenue to Simmons Avenue. Job No. 207 hereinabove mentioned and described, was the lowest responsible proposal submitted therefor, and thereupon accepted said bid and did award a contract to said GllIJ'FIfR OOMP.A1iY for furnishing all plant, labor. services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications. plans, and drawings, the said pUblic improvement as specified in said notice inviting sealed proposals, and did author- ize the Mayor and the City Clerk of the City of Anaheim to execute a contract for an~R~irF.i~~Aif the City of Anaheim with which said oontract was duly made and entered into on the 8th day of october , 19~; and , has furnished all plant, labor, services, materials and equipment and all utilities and transportation, and performed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans, drawings. of said public improvement as specified in the notice inviting sealed pro- posals and in the detail, design, plans, profiles, drawings and specifications prepared by GI!lOr21!l Eo Hn1ynr... Oit;y ll!n~inA.'" , and the contract made and entered into with it by the City of Anaheim; and WHEREAS, the said GRIl'J'I!B: onupAll!' WHEREAS, the Oity ll!n....ineer has duly certified to the construction and completion of said pUblic improve- ment hereinabove mentioned and described. in accordance with the plans and specifications and the contract documents duly made and entered into with said GRIl'J'Im OtvP.dr ; and ",,-- WHEREAS. the City Oouncil finds that said contractor has completed said pUblic improvement hereinabove more particularly de- scribed in accordance with the prOVisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accord- ance with the contract documents. -2- NOW, THEREFORE, BE IT RESOLVED by the City Oouncil of the City of Anaheim that all plant" labor, services~ materials and equipment and all utilities and transportation, and the performance of all work necessary to construct, install and complete. in a good and workmanlike manner. in strict accordance with the specifica- tions, plans and drawings therefor on file in the Office of the Oity Clerk of the City of Anaheim, together with the appurtenanoes thereto. said pUblic improvement hereinabove more particularly de- scribed and set forth, in the City of Anaheim. by said contractor. be, and the same are hereby accepted, subject. nevertheless. to all the terms. condi.tions and provisions of the contract documents. and that the balance due said contractor for said work be paid to _U"..,.,_ thirty-five (35) daJ's from and after final acceptance of said work as evidenced by the adoption of this resolution. but not sooner than thirty (30) days after the date of the filing of notice of com- pletion. excepting only such sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or :t'urni.shed or withheld or for anything relating to the work or any act or neglect of the City, its officers. agents and em- ployees, excepting only claims against the City for any amounts withheld by the City at the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the Clty of Anaheim be. and they are hereby authorized to execute and file a notice of completion of said work as required by lawe THE FOREGOING RESOLUTION 1s approved and signed by me this 23rd day of _ Deeealler ~ 19....21!-o (%~ .A '.4.-1~ MAYOR OF THE CITY OF ANASEIM 7)J( ..2v~ CITY OLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUITY OF ORANGE } ss. OITY OF ANAHEIM ) I" DDI M. WILLIAMS . City Olerk of the City ot Anaheim, do hereby certify that the foregoing resolution was intro- duced and adopted at a regular meeting provided by law of the Oity Oouncil of the City of Anaheim>> held on the 21r4 day of Decuber ~" 19~, by the following vote: AYES: NOES: COUNOILMEN: Pearson, Borden, Fry, Schutte and Coons COUNCILMEN: None - ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ZJ~~ day of Deeeliber 9 19~o IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the C1 ty of Anaheim this 2'3rd. day of Decuber , 19~. ( SEAL ) ~~~ w- ~~r-C-- CITY OLERK OF THE CITY OF ANAHEIM -}=